Whether the lawyer's fee is borne by the losing party or the client should follow the following principles: according to the laws of our country, if there are explicit provisions on lawyer's fee, a judgment should be made according to the relevant provisions, otherwise it is illegal, and the lawyer's fee should embody the principle of fairness and justice, and the way to bear the lawyer's fee should be determined according to the size of the fault.
Laws and judicial interpretations clearly stipulate that the losing party can bear the lawyer's fees:
1. In case of contract dispute, the creditor exercises the right of cancellation.
2. Copyright and trademark civil dispute cases.
Although the relevant provisions are stipulated, they are not clear:
1. Disputes over patents and security rights.
2. Cases of unfair competition.
3. Personal injury compensation, reputation infringement, traffic accident cases and arbitration cases.
In other cases, it is necessary to determine who will bear the legal fees according to the circumstances of the case.
Extended data:
Lawyer's agency fee refers to the remuneration that a lawyer should charge for representing a client's legal affairs.
The relevant regulations clearly stipulate that the lawyer's fees shall be borne by the losing party:
1. In case of contract dispute, the creditor exercises the right of cancellation.
2. Copyright civil dispute cases.
3. Trademark civil dispute cases.
When signing the contract, both parties to the contract can list the lawyer's fees as compensation for breach of contract, and even specify the way and standard of bearing the lawyer's fees in detail. Special attention should be paid to clearly stating "lawyer's fees", and it is best not to write unclear words such as "expenses for realizing creditor's rights". The people's court is very strict in examining this agreement.
The plaintiff must submit the entrustment contract signed with the law firm and the lawyer's fee invoice issued by the law firm as evidence to pay the lawyer's fee, and the agreement on the lawyer's fee should be reasonable.
References:
Lawyer's agency fee Baidu Encyclopedia